The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-02-14
dhe Gttteuilqetrter.
onlee. Nos. "a. md j Fourteenth, Street t.
THAT JUDICIAL JUaGLE.!l
a Correspondent Takes Some Exceptions

A Correspondent Takes Some Exceptions 10
IN "intelligencer'' Editorial. - w.
To Rk Editor o. The inte!i0aeer. rs, 7..3s5y
l have Just read your editorial entitled
IAN Ugly Juggle Of Judicial Districts"
You will excuse II I say that the editorial
IL notwritten by friend Of some judicial
aspirant in tho Third circuit, was at least
inupired from that quarter. 4ut
| write to you simply because the edl.
torial Improperly reflects upon one man
who Ia sworn to do bis duty as a Senator
and another who Is sworn to do his duty
as Judge. Not only 80, but the editorial
10 untrue In fact and In inslnuation.
Senator Flournoy offered the Senate
bill 10 reNrrango the Second and Third
circuits at my instance, and at the augges-
ton Of several attorneys from tho countes
Of Randolph, Barbour, Tucker, Taylor and
Preston. 1t was q mere act Of courtesy on
bis part, because he was 80 requested, GO
was aiGo an act In committee performed
by Senator Sommerville In relation TO the
bill, and because the delegation In the
Senate from tho Second md Third Judicial
Circuits do not politically affiliate or vote
with the Democratic side OF tho Senate. l
assume to say In contradiction OF your ed
itorisl, that no suggestion has come to any
quarter from Judge Ice-particularly to 60
honorable man ns Senator Flour.
noy. Il assume also 10 say that
no diascnt or opposition was ex-
pressed as you cay, by "Senators Flour
noy, of Hampshire, and Price, OF Mineral
10 Houac bill No. 81 offered by Mr.. Shaw.
For suRht appears here they favored or
diefsyorcd neither, except upon its merits.
Upon tho merits, your editorial itself
reluctantly concedos that either bill had
merits that are conclusive. The Third
Circuit has always been the hardest and
heaviest circuit In the northern part OF the
State. One need but glance at tho Aud
TORS reports to prove this. Not only so,
but 1t 10 composed OF five largo countiea-
three CT which are only accessible by
country roads, while every county in the
Second Circuit land there arc only three
Of them) is accessible by rail three times
day For 1881 there was 1912 Gases pend.
ing in the Third Circuit, as against 0l3 in
the Second. OF these l,0OlT were decided,
and court was in session III days. In the
second Circuit there was hut G70 cases de.
cided, and court was in session but 100
days, Tho Auditors Report 10 not full for
1882 IN two counties in tho Third and one
county il tho Second Circuit-and there
Ia no report for the years 1851. It ia
full for the Third Circuit for tho year 1885
lis blank for Two counties for 1SS6-and
for these two years Is blank in the Second
Circuit except rs to one couuty-but
Laking the full years as o test 1t is
manifest that the Third Circuit Is
overburdened, and ought to BIO relieved
by the transfer Of Preston to the Second
Circuit. 1t will then have considerably
lees business than is left In the third cir
cult and will form q circuit of four con.
aguoun countiea and not make it any
more. practically Republican than it is
now. That the change makes the Third
Circuit Democratic is mere incident
wbich no just Republican ought to men
ton. E3.,,il.s. 49,, .fl.-tis.f
IL is furthermore fact, which can be
verified by the record in Barbour, Taylor
and Randolph counties, that from eighty
to one hundred pages Of chancery orders,
and from sixty to seventy.fve pages OF
Law orders are entered at each term Of the
Third Circuit Court in these counties, or
sgaiust fifty to sixty pages in the counties
II tho Second Circuit. ~. a., lisf
Your editorial lamely attempts to ex-
plain only the number OF cases in the
Third Circuit. Your explanation is fair
snough-but why did you not in the |
same etrain have the fairness to say that
Of the heavy docket in Harrison county,
in the Second Circuit about one hundred |
or one hundred and fifty Of the cases are
the test railway freight discriminating
charge cases Of shippers against the Balti-
more 4 Ohio railroad? l
The Auditors reports are o complete re-
futation Of the number Of days your edi-
toriel says is required to hold the courts OF
the Third Circuit.
Hope you will excuse my bluntness,
but I believe you to be fair and ready to
do justice even at your own expense.
~. - ca " TRUTH.
rbnrIssion Tehy,n,,y 10 r. ~. .r-